When two people decide their marriage isn’t working, they may file for divorce right away. However, others may opt to separate and then divorce down the road if reconciliation is no longer a viable option. For you and your spouse to make the decision that works best for your situation, you first need to understand what the differences are between the two options.
In New York State, alimony is known as spousal maintenance. This is defined by the NYS Unified Court System as “support paid by one party to the marriage for the support of the other party to the marriage pursuant to a final Judgment of Divorce,” sometimes also referred to as “post-divorce maintenance” or “spousal support.” In the event that a spouse fails to pay this court-ordered alimony in the state of New York, he or she may be subject to penalty, which can include the indefinite suspension of driving privileges or the receipt of a civil contempt sanction, or even incarceration.
While some people in New York State file for divorce when they want to end their marriage, others opt for a less-permanent solution by legally separating. Although plenty of couples who choose legal separation over divorce don’t have any reconciliation plans, others may try to work it out and get back together at a later date.
You’ve already been through a divorce, but you want to change the custody arrangement in place. Whether you initially came to an agreement with your former spouse about such matters during the divorce process or were told by the Court what the arrangement was going to be, there is a procedure you must follow to request visitation once a divorce is finalized. Although concurring with your former spouse about a new visitation plan outside of the Court is the most optimal way to see your children more, those who cannot come to an agreement will have to go to trial.
Determining who has legal and residential custody of the children is a major part of the divorce process. Knowing what the process is like and how the judge will come to a decision, if a case goes to trial, is critical.
The State of New York has very specific laws in place for calculating child support payments. These are set by the Child Support Standards Act within the New York State Domestic Relations Law and the Family Court Act and define who may be required to make child support payments. The net effect of the law is that custodial parents are paid child support by non-custodial parents each month for any qualifying children in their care.
When going through a divorce, you're probably worried about several things: the potential outcome, the stress of your marital situation, the financial aspects, and the time and effort involved. A great divorce attorney can alleviate some of these concerns, making sure your case goes more smoothly and helping to achieve a more favorable outcome.
If you’re living in New York State and want a divorce, you may not know exactly where to begin. Whether a mutual decision between you and your spouse or not, undergoing a divorce can be an extremely emotional ordeal. Understanding what typical divorce proceedings entail may therefore help to ease some of the stress and anxiety often associated with this dissolution.
If you’re going through a divorce, there is a long list of to-dos you must go over with your lawyer and eventually address with your former spouse. One is discussing spousal support.
First, the term is actually “spousal maintenance” in New York State. Furthermore, there are two types of spousal maintenance you could pay or receive.
There are a number of things you will have to address with your spouse during a divorce. This includes child custody and support, spousal maintenance, and of course, property division.